Don’t hesitate to pursue legal rights | PostIndependent.com
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Don’t hesitate to pursue legal rights

After reading about the civil case involving Nancy Myer, the owner of Busy Bee Cleaning and Nicolasa, an “undocumented” (illegal alien) worker from Mexico who is suing Ms. Myer for her loss of employment and non-back pay, Ms. Myer may want to pursue her rights as a legal resident/business owner in Garfield County.Residents of Garfield County, it may interest you to know that for Nancy Myer to continue employment of ‘Nicolasa,’ the undocumented worker, Ms. Myer has committed a felony offense in the eyes of our Immigration and Naturalization Services government agency and in the eyes of our American court of law. Under our current immigration law, Section 274-felonies (under the federal Immigration and Nationality Act, INA 274A(a)(1)(A): it states; “A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he: assists an alien she/he should reasonably know is illegally in the U.S., who lacks employment authorization, by transporting, sheltering, or assisting him. It is illegal for nonprofit or religious organizations and ‘harboring’ means any conduct that tends to substantially facilitate an alien to remain in the United States illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building.” Mike McArdle, director of labor for the Division of Labor and Employment, is correct in stating that according to our United States labor laws, undocumented persons have a right to get paid, and when they bring employers to court, their citizenship status is irrelevant. However does this ‘right’ extend to being paid for hours that were claimed and not worked? How can a person who has committed at the very least a misdemeanor offense of illegal United States entry, a crime under Federal Code 8 U.S.C.1325, punishable under U.S. Code Title 18 have it deemed “irrelevant” in our American courts?The law was quite “relevant” with regards to Nancy Myer and the judge who ordered her to pay all claimed back wages to “Nicolasa,” a proclaimed misdemeanor offender.Yet the law is “irrelevant” when it comes to fraudulent work hours being submitted, and it is irrelevant when it comes to entering America sans a visa. When does the law change and become ‘relevant’ with regards to the employees who lie and cheat, not just to their employers, but lie and cheat the United States of America? In Ms. Myer’s case, our American laws may become “more relevant” to her under the Racketeering Influenced and Corrupt Organization Act, also known as the RICO Act. Under the RICO Act, “Any person injured in his business or property by reason of a violation of RICO statutes may sue therefore and may claim treble damages, costs, attorney’s fees and injunctions, if the offense was done for the purpose of financial gain, specifically listed as a predicate act.” Ms. Myer, legitimate business owner and American citizen, should pursue her legal rights in our court of law, thereby making her case as “relevant” as the next (undocumented) persons.Marty Lich of Gypsum is a retired public deputy for Orange County, Calif., and has been writing on immigration issues for more than 11 years. She is a member of the parent advisory board in the Eagle County school district and continues to write about local as well as federal political issues.Marty Lich of Gypsum is a retired public deputy for Orange County, Calif., and has been writing on immigration issues for more than 11 years. She is a member of the parent advisory board in the Eagle County school district and continues to write about local as well as federal political issues.


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